The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-04-23

heard that he was locked up or confined
as a dangerous character.
ROW FoGARrY ACTED.
r. f. MacDomcl. who was next called
saw FogaIty after rho attack in Macon.
Il have often remarked since these at
tacks that | thought he had lost his mnC
and was reckless, - remarked the witness.
On croSs-exanination he said that he wa
well acquainted with the prisoner The wit
ness did not know how long the attack,
lasted, but after they were over he saw Nc
special change in Fogarty, although there
may have been.
Thomas H. Byrues saw the prisoner have
a fit in 1886. Before he had the attacks he
was quiet boy, although he would fight il
one was pushed on him. After the attacks
| which the witness had seen him have. Fo
| garty lost control of himself and wanted tC
fight everybody.
On c1oss-exammation the witness said
that the first one he knew Fogarty to have
was in 1856 1t lasted for fifteen minutes
| but for two hours be was doing nothing but
talking about things that happened three
weeks ahead Of time That statement Gre
ated a general laugh, and the prisoner him
| self joined in with smile
THE PRISONER TALKS SILLY.
SIS Fogarty crazy do you think?" the So
! licitor asked.
II don't know He talks silly
Walter Mahony had been a companion of
| Fogarty'S for seven years, and has seen him
| have epileptic attacks They seem to be-
| come more frequent every year. In Feb
ruarY, 1886, he was sent to New York for
treatment, and the witness accompanied
! him.
! On cross-examination the witness said
| that it was false report that he came 10
| Gordon's warehouse after the shooting. The
witness saw FOCarty in the Police Court
the morning of the shooting, but did not see
! him again until after he was in jail The
attacks leave FOgarty weak and sometimes
| unable to go around much. MahOny did
not know where FogaTty was after the
shooting.
Thomas Kelley, boy younger than the
prisoner, said he knew nothing about the
shooting but he had seen Fogarty have
three attacks. While he had them he
foamed at the mouth.
Kelley added, on cross examination, that
the fits lasted five minutes. After they
were over Fogarty had to be taken home.
DIR. WEARING on THE STAND.
DR.. J. J. Waring was put up by the
defense. He testified that he was called
about two years ago to attend Fogarty and
found him in the general dizziness and stupor
which succeed an epileptic fit. Epilepsy,
the physician said, speaking as an expert
is disorder of the brain
As rule the mind is affected and becomes a
blank. 1t was the physicians opinion that
there is a disturbance of the mental condi-
ton and some injury of the brain is ex-
pected. The memory and reasoning facul-
ties are affected. II have looked upon
Thomas Fogarty as a species Of imbecile, ="
the witness stated
Being cross-examined the doctor said that
he was the family physician. As a rule
these fits come on suddenly and without
warning. There are degrees of epilepsy.
mild and grave. Inconsistencies may last
from five minutes to two or three days.
FoGARTY NOT AN IDIOT.
rs Thomas Fogarty an idiotr'
mo, sir
rs he insaneF
"No.n
/ els he lunaticE"
| ''No, but he is a species of imbecile."
Mr.. duBignon then asked the hypothetical
| question: Suppose that two men have a
difficulty on Friday and one Of the men then
makes tine threat If you ever have me ar
rested will kill you and on Saturday is
arrested and ON the following Monday is
| taken before a court. He is examined, con
| victed and punished. That man goes off,
buys a pistol, loads it, waits for the man
he had threatened, shoots him down when
he gets an opportunity, then runs away and
remains away until captured and placed in
jail, would you say that man was sane or
| insanem
After pause of nearly minute the wit
ness answered: Il should say that it was
the action of a malicious man in a violent
passion"
FEATURES OF EPILEPSY.
The witness was examined at considerable
| length, and said in the course of his evidence
| that an epileptic becomes passionate and
gives way to his passion, and is subject tc
gusts Of violence and passion. He would be
subject TO the control of some one else Epi
lepsy eventually destroys the mind. The
| imbecility of youth is cessation of the
minds growth In the intervals between
the fits person subject to epilepsy may be
| able to distinguish between right and wrong
in a large degree-that is, just as a child
would.n
Garrett Wilson (colored) testified that he
was driver for Mr.. Richard Fogarty, the
prisoners father. The witness had seer
! Tom have fits. The first one he knew him
TO have was last summer or the summer be
fore Before he had these attacks he was
harmless and quiet A young boy is AWAY,
sent along with him when he drives wagot
in case he might be seized with a fit and fail
Off. The Solicitor General asked Wilson il
he knew what year this is, and the witness
after some hesitation replied that he thought
il was 1883. In his other testimony the wit
ness was equally of in regard TO his dates
HAD TO BE ToTED.
Tom cannot walk after one of these at
tacks but has to be ''toted, Wilson added
Robert Coyley saw Fogarty have an at
tack and fall down in February last.
jeremiah Walsh, a jail guard, haC
been told that Fogarty had fl
on May r. Last Wednesday morn
ing about three o'clock prisoner
in the cell with Fogarty raped the doc
and called the witness and told him tina
Tom had had a fit. The defendant was thel
snoring loudly, lying on his back. The
same day Fogarty was released on bail.
DIR. T. B. Chisholm, Jail physician, attend
ed Fogaity April II at the Jail and foun,
him Frustrated. The witness considere,
that the prisoner had suffered from an cpl
leptic fit.
is he an idiot, a lunatic or n aslIe'
the Solicitor General
II would call him sane man. There i
nothing about him that would lead me T.
believe otherwise
At the close Of DR., Chisholm's testimony
the court took n recess for dinner.
PLAYED SOLITAIRE IN JAIL.
The first witness called after the recess wa
James A. Sykes, colored, who was convictc,
Of libel "A few days ago. He said that Fogart,
was playing n game of solitaire in JIM ON
day when seized with an epileptic tit. The wit
ness thought him then and now an imbecile